Urbankissed GmbH / Limited Liability Company
Commercial Register: CHE-315.484.772
Phone: 0044 7501 59 3229
Represented by: Sophie Brunner – Founder
LATEST UPDATE: 02/09/2019
1. Urbankissed owns the website urbankissed.com.
2. Urbankissed is a marketplace that allows users to sell and buy lifestyle products. Urbankissed does not have possession of any product listed or sold through Urbankissed's marketplace. The contract for the sale is directly between buyer and seller.
3. Urbankissed does not review users' listings or content. Urbankissed has no control over the goods and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, third party certifications that sellers might claim to have, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
4. You agree that we are not responsible or liable to you for items sold through our platform. Any legal claim related to an item purchased through our website must be directly brought against the seller of the item, and not us.
1. The contents of Urbankissed, for example all works, images, photos, dialogues, blogposts, sounds and videos, documents, designs, figures, logos and all other material, in any format, published on Urbankissed, including the menus, web pages, graphics, colours, patterns, tools, characters and design of the website, diagrams, layouts, methods, processes, functions and software that make up Urbankissed are protected by copyright and by all other intellectual property rights of the owner and other owners of the rights. All reproduction, modification, posting, distributing, duplication, or any other misuse of the material in whole or in part, in any form, of Urbankissed of its contents, without prior written permission by the owner is forbidden. The owner has the exclusive right to authorise or forbid direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of Urbankissed and its contents.
1. Urbankissed encourages you to provide links to Urbankissed's website, use images from our site or social media pages. However, you must include a link back to our site.
2. Urbankissed authorises you to use the name Urbankissed in the text of any such link, however you may not use the Urbankissed's logo or any of our other vendor marks without our prior written consent.
3. You must not frame the website, or make representations that any part of the website belongs to anyone other than Urbankissed.
4. If Urbankissed notifies you that it objects to the manner in which you provide links to the website, you must immediately cease providing such links.
1. Access to and use of Urbankissed, including viewing the web pages, communication with the owner, the possibility of downloading information regarding the products and the purchase of the same on the website, constitute activities undertaken by the user is at the user's choice and risk. The user is personally responsible for his use of Urbankissed and the relative contents. The owner in fact cannot be held responsible for any unlawful use of the site and the contents by any of its users, notwithstanding responsibility for fraud and gross negligence. In particular, the user will be exclusively responsible for communicating incorrect or false information and data, or data regarding third parties who have not given their express consent, or incorrect use of the same. Moreover, all responsibility for any damage to computer systems or loss of data resulting from downloading fall to the user and the owner will be indemnified. The owner declines all responsibility for any damage arising from inaccessibility of the services on the site or any damage caused by virus, damaged files, errors, omissions, service interruptions, cancellations of the contents, problems connected to the network, to the providers or telephonic and/or telematic connections, unauthorised access, alteration of data, lost and/or faulty functioning of the electronic equipment of the user himself.
1. These Terms & Conditions apply to your use of the website. Your use of our service(s) e.g. as a vendor, customer or reader implies that you have read and accepted these Terms and Conditions. These terms are in addition to any other term that individual vendors within Urbankissed may include for governing access to their shop page on Urbankissed and for ordering goods from these vendors through Urbankissed. The access rights granted to you under the Terms & Condition are non-transferable without the express written permission of the owner of Urbankissed.
1. Urbankissed reserves the right, to modify or replace any part anytime of all agreements on Urbankissed's site without notice. You are responsible for reviewing and becoming familiar with any changes. Your use of the services following the changes constitutes your acceptance of the updated Terms.
1. These Terms & Conditions are governed by the laws of Switzerland.
By shopping on Urbankissed, you understand and agree to the terms & conditions in general above and the following:
1. You are not buying directly from Urbankissed, but from one of the many talented sellers on Urbankissed.
2. All orders placed on our website are sent from the different countries where the according vendors are based. That means if you buy products from several vendors, you won’t get all the products at once.
3. The website is intended for use by customers worldwide. Depending on the shipping options available for particular products, however, some products are only available for purchase in some countries.
4. It is recommended that customers read the default return terms on which vendors on the website make their goods available for purchase (the “Default Return Terms”). However, each seller can have his or her own return policy. In case a vendor has defined his / her separate terms, these will overrule the default return terms. The „Default Return Terms“ can be accessed through the appropriate link on the website’s part Customer Care. If a vendor’s terms vary from the „Default Return Terms“, it will be stated under the “Shop Policy” tab as part of each individual vendor's shop page.
5. Urbankissed is not a party to, and has no obligations under, any contract that may be formed between the vendor and a customer in relation to any good.
1. While Urbankissed operates the website, all goods are available for purchase from the vendor and are sold by the vendor. Urbankissed does not purchase the goods from the vendor.
2. We do not review or control, and are not responsible in any way for product information and images on the website relating to shop articles and at no time do we possess any items offered for sale by sellers through the site.
1. Prices stated on the website apply to all orders made through the website. Where applicable the vendor calculates his local taxes and charges at checkout. Delivery costs and where applicable inclusive VAT will be charged in addition to the purchase price of your product. All prices displayed in the shop, during cart and checkout are inclusive VAT. Any additional charges will be clearly displayed in the „Total Cost“ section.
2. The customer is responsible for the payment of customs taxes and the amount is calculated according to the law applicable in the country where goods are sent from. We do not know the amount of customs taxes that will be communicated to you by the carrier after the goods have reached their destination. In the event that the taxes are not paid and the shipment is refused or abandoned as a result, the shipment expenses and the customs taxes will be deduced from the total amount of the order and only the difference will be reimbursed as a gift certificate.
1. The payment data is collected by the technological coding system (SSL) because the credit card data is directly entered on our website /checkout/ page and we do care a lot for your safety. Having a SSL certificate allows us to process credit card and other personal info safely and securely.
2. You can choose to pay the order by different credit cards. Accepted credit cards: VISA, MASTERCARD, AMEX.
3. At the moment, all transactions payed by credit card are controlled and managed by Stripe, which is a worldwide leading credit institute for online transactions and enables all vendors to easily accept credit and debit card payments from customers. Stripe processes and charges the cards, and automatically transfers the collected amount to the seller’s bank account.
4. The data related to your credit card will be managed by Stripe and the data related to your order will be managed by Urbankissed and the according vendor.
1. If you wish to cancel an order, please contact the vendor. You will receive a gift certificate (with or without shipping fees). If the order has been dispatched, you can't modify it but you can refuse the package upon delivery. Please follow the procedure of "Returns & Warranties" below. Please note: We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun. In the rare circumstance that a customer orders a product, which is not available for sale due to an unforeseen reason, Urbankissed will offer the customer a gift certificate to the same value as the item including shipping costs and VAT.
The below „Default Return Terms“ do not apply to each vendor. Each vendor can have his own return policy. You will find which policy is applied for each vendor on the product page and on their individual micro stores. By buying a product you confirm that you have read any such additional terms and conditions and consent to them.
Default Return Terms:
EXCHANGE & WITHDRAW
You have the right to withdraw from this contract within 10 business days. The withdrawal or exchange period will expire after 10 business days from the day on which you received the good.
If you withdraw from a contract, you'll receive a gift certificate from Urbankissed which doesn't include original shipping and return shipping charges nor custom/tax fees of the customer's destination but 97% of the original product cost(s) inclusive VAT (3% are needed to cover our credit card transaction fees). If you exchange an item in the size, the customer must pay the original and return shipping fees and the vendor will pay the shipping fees for the new item (excl. custom/tax fees of the customer's destination).
Returns of the following items are not accepted: Swimwear, cosmetics, earrings, lingerie and personalized products. We only make returns of these products in case of defective products.
INCORRECT & DAMAGED ORDERS
If the product is faulty or is different to its description, please follow the below return process. In this case, you will then receive a new but same good or a gift certificate which will include product cost, shipping and custom cost associated to the return and VAT fees.
CHANGING OR CANCELING YOUR ORDER
Changing or canceling an order are not accepted. In this case, please follow the usual withdrawal process.
LOST OR STOLEN PACKAGES
If you have not received the product within the promised delivery time, please contact us at email@example.com. We will then put you in touch with the according label. The labels and Urbankissed do not take responsibility for lost/missing packages that show successful delivery to the order address.
You must first inform us via e-mail ( firstname.lastname@example.org) not later than 10 business days from the day on which you received the good. After sending the return request, the appropriate vendor will contact you within 2 business days and inform you about the next steps. After having received the return confirmation email, you must send back the goods through a traceable method not later than 3 business days from the day on which you received the return confirmation. Items from different vendors will need to be returned separately to them. On receipt of the product, the vendor will inspect and send to your email address a gift certificate from Urbankissed or a new product, depending on the order's circumstances.
The right to withdraw or exchange is considered correctly followed when the item is in perfect condition or in the exact condition you received and described it, the product must not have been used, washed or damaged and reach us safely. Should the terms for the right to return not be met, the customer can at his own expense, request the return of the products in the state in which they have been returned to the vendor. We cannot take responsibility for items damaged or lost in the return transit.
Each vendor has his own shipping regulation. You find the shipping regulation for each vendor on the product page and on their individual micro stores.
All orders placed on our website are sent from the country where the according vendor is based. If an order includes products from several vendors, the customer will receive separate packages from each vendor.
Once your order has been placed, a confirmation email will be sent to your nominated email address. Processing time, delivery time and delivery service vary from vendor to vendor. Please see this information on the product page and on their individual micro stores. As soon as the order has been shipped, you will receive a notification via e-mail. If you do not receive these confirmation emails, please check first your junk folder an then email us at email@example.com
In rare case, a vendor can be on holidays. In such case, you will receive an email notification after your order has been settled. This will cause a longer preparing period.
Urbankissed and the according vendor do not take responsibility for delays of the delivery services.
Orders crossing borders may incur local duties and taxes. We have no control over these charges and cannot predict their amount, therefore these are not included in your order and will need to be paid locally upon receipt.
Winners have to contact Urbankissed LLC to receive the gift certificate. Please allow us up to 10 business days to send you the coupon code. The mind spend is always +5 Euros of the amount won. The gift certificate can only be applied on the subtotal without shipping rates.
1. We will not be liable if for any reason any of the services are unavailable at any time or for any period. Urbankissed cannot be responsible for any loss, corruption, or interception of data sent to or from the website which occurs outside of its computer systems (such as those which occur while being sent over the internet). Furthermore, Urbankissed is not responsible for any consequent damages. Urbankissed recommends that you install and use up-to-date anti-virus and firewall software on your computer.
2. The member is not allowed to offend against any laws with the use of our website. If so, the member is responsible for all consequences.
4. We do not ask for periodical payments for our marketing services. However, we may offer some paid upgrades for advanced features in the future.
5. You must be 18 or older to use our services. Otherwise, if you are 13 or older, you may only use our services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use Urbankissed or the services.
1. You do not claim intellectual property right or exclusive ownership to any of our blog posts or services, whether modified or unmodified. All posts and services are the property of Urbankissed.
2. Content that you post using our services is „Your Content“. We don’t make any claim to it. That includes anything you post using our services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
3. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You are using your own photographs -- not stock photos, artistic renderings, or photos used by other sellers or sites.
4. By posting Your Content through our services, you grant Urbankissed a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Urbankissed function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your brand. The license includes use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the services and to promote Urbankissed, your Urbankissed shop, or the services in general, in any formats and through any channels, including across any services or third-party website or advertising medium. Consider these examples: if you upload a photo of a listing on your Urbankissed shop, we can feature it on our homepage, in one of our blogs or even on our newsletter to help promote your business and Urbankissed.
1. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, false, misleading or uses the services in a manner that is fraudulent or deceptive.
2. Be honest with us and provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the site.
4. In order to improve buyer experience, we may add or delete certain categories to your listings. Furthermore, to get high ranked in search engines like Google we take action with the appropriate tools.
5. Reselling is not allowed on Urbankissed marketplace. This means that you need to sell your products under your own brand / own name.
1. Our products and services are designed to give vendors as much control and ownership over their shop and articles as possible and to encourage vendors to express themselves freely. However, each vendor must be responsible for the content of their site. In particular, as a vendor, you must make certain that no illegal items appear on your site or get linked to from your site (things like spam, viruses, or hate content).
2. As a vendor you are responsible for maintaining the security of your account and shop, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your shop site. You are not allowed to describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Urbankissed may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Urbankissed to be positioned for possible liability. You must immediately notify Urbankissed of any unauthorized uses of your site, your account or any other breaches of security. Urbankissed will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
1. Make sure to execute the orders no later than 48 hours from their reception.
1. You authorise Urbankissed and third parties connected to the chosen payment method from the customer to automatically charge the applicable fees mentioned below in part a & b:
a) Currently, we are working with Stripe and Paypal Adaptive, institutes for online transactions which enables customers to pay with credit cards. This third parties automatically receive a commission for every transaction. This commission will be automatically deducted from the checkout price (gross amount) a customer pays. Stripe and Paypal Adaptive process and charge the cards, and automatically transfer the collected amount to the seller’s account. These third parties can always when ever they want change their commission rates.
b) Without the express written agreement of the owner of Urbankissed, there is always 12% (exclusive third party fees mentioned above) charged for each product sold. The vendor's commission is calculated as the percentage of SUB TOTAL (without shipping). Taxes are included in sub total.This application fee is a compensation for the marketing service Urbankissed does for each vendor. We may change our fees, or introduce new fees from time to time by posting the changes on the vendor’s dashboard or via E-Mail 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
Net Product Price EUR 100.00
Incl. VAT (e.g. 8%) + EUR 8.00
SUB TOTAL = EUR 108.00 -> Basis for Urbankissed's application fees
Shipping Fees + EUR 5.00
TOTAL = EUR 113.00 -> Basis for Stripe's or Paypal's processing fees
2. If payments or amounts owed to Urbankissed cannot be completed through the payment method on file for any reason, you remain obligated to pay Urbankissed for all unpaid amounts and Urbankissed reserves the right to seek reimbursement through other means plus any additional costs incurred by Urbankissed in seeking reimbursement.
3. Prices stated on the website apply to all orders made through the website. If you are VAT obligated you need to select to each product you upload the dropdown „Standard Rates“. That means that the according local tax rate from where your shop is based will be applied to each product price at checkout. If you are not VAT obligated you need to select to each product you upload the dropdown „Zero Rates“. That means that it will not apply any VAT rate.
By choosing the „Standard Rate“ it will also charge the same tax rate mentioned above for the shipping costs.
All in all it means that you do not need to add manually the VAT Rate to the product price as it will automatically add the VAT Rate by choosing „Standard Rate“ when uploading a product. So please consider: All prices indicated on the website before checkout are exclusive of VAT.
4. You are solely responsible for clarifying if you are VAT obligated or not and if so to forward the collected taxes to the government.
5. Please consider that at the moment Urbankissed helps collect the correct amount of VAT from the vendors shop location (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST and any local sales taxes collectively as 'VAT'). We try to keep all the rates up to date. However, you are responsible for the correct rates to be applied and to inform Urbankissed about any changes Urbankissed might not have undertaken.
6. This working together requires that all vendors have a Stripe or Paypal account when selling on Urbankissed in order to receive the commissions due. In regards of some optimizations Urbankissed may ask you to open a new account at another online transaction institutes in the future. But we will inform you accordingly.
We may change our fees, or introduce new fees from time to time by posting the changes on your dashboard or via email 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
For the future we are planning to implement more payment gateways as well in order to provide a great customer experience. We will inform you accordingly about any updates via email and on your dashboard, as it will lead to further registration from you and to different fees.
1. It is your responsibility to make sure to upload all the right shipping fees (please see manual) before you start selling products. In order to provide excellent buyer experience, you must make certain that you only use an express delivery service with a tracking/traceable method (e.g. UPS or DHL). That means that you are required to manually provide the tracking number to the customer (please see manual how to professionally send the according tracking number to the customer) within 2 business days after the order has been settled.
1. To offer our customers and readers a comfortable customer experience, we suggest you to adjust to our default return policy which can be found above under the Sales Conditions. However, if you must have different terms because of the country laws where you are based or wish to have different ones, you must send us your policy. We will add them accordingly. If you do not send us your policy, you will automatically rely on our default return policy. You are required to follow our or your shown policy.
2. Please be aware that in addition to our default return policy, each country has its own laws surrounding shipping, cancellations, returns and exchanges. You are solely responsible that you are align with the country laws where your shop is based, so please familiarise yourself with this laws. Our default return policy is mostly based on the EU consumer rights: http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm
3. In case of refunds (only in form of gift certificates from Urbankissed), you will need to transfer the appropriate amount back to Urbankissed.
1. We expect our sellers to provide a high level of customer service and to maintain trust with your buyers. By selling on Urbankissed, you agree to following:
- Honour your shipping and processing times.
- Sellers are obliged to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance.
- Respond to Conversations in a timely manner.
- Honour the commitments you make in your shop policies.
- Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, please contact firstname.lastname@example.org.
- If you are unable to complete an order, you must immediately notify the buyer and refund the whole amount to the customer. In order to receive the commission payed to “Urbankissed” you will need to contact Urbankissedunder email@example.com. However, you will only receive 70% on the commission payed.
1. Urbankissed may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Urbankissed account (if you have one), you may simply discontinue using the website. Terminating your account will not affect the availability of some of Your Content that you posted through the services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
2. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the services.
3. The Terms will remain in effect even after your access to the service is terminated, or your use of the service ends.
2. When you sell on Urbankissed you may communicate with other members or have transactions with buyers. This means you may process personal information (for example, buyer name, email address, and shipping address) and may be considered an independent and separate “data controller” under EU law or other local regulations. If you disclose personal information like a buyer’s name and email address without the buyer’s consent, you are responsible for that unauthorised disclosure.
For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Urbankissed-related communications or for Urbankissed-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer’s consent, and subject to other applicable Urbankissed policies and laws, you may not add any Urbankissed member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance.
2. The holders of the data collected by this website is Urbankissed LLC based at Schellstrasse 16, 6314 Unteraegeri in Switzerland.
3. Urbankissed is completely committed to protecting your privacy. The information you provide us during checkout is only being shared to third parties to process orders and to assist us in delivering administration type emails. Urbankissed tries its best to ensure that your confidential information remains secure. Urbankissed holds your email address in strictest confidence. Furthermore, Urbankissed only collects and uses your information for marketing purposes connecting to Urbankissed but we do not sell, give away, or otherwise distribute your address to any third party which is not involved in Urbankissed. Users cannot opt out of administrative type emails such as order confirmation messages. When you place an order, we'll ask you for your name, email address, mailing address, billing address, and credit card number with expiration date. This information allows us to process and fulfil your order and to notify you of your order status. Urbankissed uses your purchasing information for the purpose of providing you a more efficient and enjoyable shopping experience. We also monitor customer traffic patterns and site usage to help us develop the content, design, and layout of the web site.
5. Urbankissed considers the information you share with us to be personal and confidential. We do not sell, trade, or rent any of your personal information to others. Urbankissed releases personal account information, in good faith, when such release is believed to be reasonably necessary. This includes situations in complying with the law; enforcing or applying the terms of any of our user agreements; or protecting the rights, property and safety of Urbankissed, our customers, or affected third parties.
6. Urbankissed is concerned about the privacy of young children and we do not knowingly collect any personal information from a child under 13. We do not sell products for purchase by children and all children's products we sell are for purchase by adults only.
7. The security of your information is very important to us. We use SSL technology to protect the security of your online order information. SSL technology encrypts your order information to protect it from being decoded by anyone other than Urbankissed. Once you enter the checkout page your computer will begin communicating with our server in secure mode. You can tell that you are in secure mode by the following:
The "http" in the web address will be replaced by "https"
Depending on the browser, you will see either a padlock (e.g. Microsoft Internet Explorer, AOL, Netscape Communicator) or a solid key (e.g. Netscape Navigator) in the lower section of the browser window.
Only browsers that use SSL technology are able to order through our websites. If your browser does not support SSL, you can get an upgrade at Microsoft's or Netscape's home page.
9. While we implement these and other security measures on our sites, please note that 100% security is not always possible. You play a role in protecting your information as well. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others. Urbankissed allows you to choose not to receive additional communications via email.
If you have a question or a complaint about this Privacy Notice, you can reach us in sending us an email to firstname.lastname@example.org.